Dong

MEMORANDUM

Shengzhe Dong, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Li v. Holder, 559 F.3d 1096, 1102 (9th Cir.2009), and we grant and remand the petition for review.

The IJ’s adverse credibility determination is not supported by substantial evidence because Dong explained why his cousin was wanted by the North Korean government, see Tekle v. Mukasey, 533 F.3d 1044, 1052-55 (9th Cir.2008), the perceived inconsistencies between Dong’s testimony and declaration as to whether he was locked to a heating pipe or air conditioning unit are minor inconsistencies that do not go to the heart of the claim, see Li, 559 F.3d at 1103-05 , and Dong was not given an opportunity to explain the omissions in his declaration and testimony that the IJ relied upon, see Soto-Olarte v. Holder, 555 F.3d 1089, 1091-92 (9th Cir.2009).

Additionally, the BIA did not have the…